some more information on that as it becomes available. bill: thank goodness for that we have to run, everybody. hope you had a great weekend. "happening now" starts -- martha: see you tomorrow. starts right now. jon: we begin with a fox news alert. the national transportation safety board on the scene of that deadly train derailment in new york city. this is video of rescue workers earlier this morning trying to lift the cars that went flying off the tracks on sunday, killing four people and injuring more than 60 others. we're told that investigators recovered the events recorder, the black box. we're in the process to figure out exactly what happened. our laura ingle is live on the scene of the she will bring us a live report in a couple minutes. right now, today's top headlines and brand new stories you will see here first. jenna: the deadline to fix the obamacare website comes and goals. the white house says it met its goal but is the site really working and what is the

political fallout? we'll go in depth on both those topics. it is cyber monday, you might have noticed with your email in box. how you can get a really good deal on travel do and -- today and what every bar gun hunter needs to know. on the scene where a police helicopter crashed into a crowded pub. we're live with the story. it is all "happening now." jon: well, it is a critical test for the obamacare website, just one day after the white house says it met a deadline to fix the site. we'll see about that. good morning to you, i'm jon scott. jenna: meantime we're already in december. jon: hard to believe, isn't it? jenna: first monday in december and here we are a few more weeks away from the deadline to enroll in health care if you want it at the beginning of the year. hi, everybody, i'm jenna lee. the obama administration is sounding very optimistic, saying its tech team fixed the worst

bugs at healthcare.gov. with the long thanksgiving weekend over, americans who couldn't enroll will take another try. is the system strong enough to handle the big load, that big rush going forward? >> have they made some progress? yes, they brought in some private sector folks to try to get the functionality up. it still doesn't function right. as a matter of fact, their own cio said that he believed if they had the ability to get up to 80% functionality, that would be a good day for them. >> i think it is good enough progress. clearly just like google and facebook all the interset sites are constantly tweaking their sites, constantly improving them, this has aways to go. it is working certainly reasonably well. jenna: peter doocy, live in washington, following the website launch from the beginning. what is the difference when you look at healthcare.gov today compared to what it looked like when it launched? >> there is brand new home screen today, jenna. the administration says its pages loved in under one second, which is eight times faster than

on launch day. now enough capacity has been added to handle 50,000 consumers at a time. roughly 800,000 a day. those visitors are able to compare plans in their area and in about a minute but republicans are now saying faster doesn't mean better. >> unfortunately as people enroll i think there will be a lot of negative surprises as to what they're able to enroll in. >> reporter: meanwhile democrats say that the site will only grow stronger and more popular. it just might take a few years to iron out all the wrinkles. >> i think it is just a fact, it may take until 2017 when this president leaves office. you will see almost every state in this country running their own exchanges eventually and expanding medicaid. i think it will work really well then. >> reporter: the white house says so far they made more than 400 fixes to healthcare.gov. jenna. jenna: if we concentrate in the present moment, peter, what about the lingering problems with the site?

>> reporter: jenna, some insurance companies are now saying that customers are calling them confused basically because they thought they were enrolled in a new plan but their information got lost somewhere in cyberspace. that is all part of the incomplete accounting system at the website. the administration acknowledges it is still being built. there were also some problems this weekend after the deadline to fix healthcare.gov when applications wouldn't go through because of an unavailable verification system. and just this morning, one of our colleagues at fox news radio was told to log out and try again in 30 minutes when he was locked out of the page where consumers enter their ethnicity. white house officials say there will be times moving forward that the site does not run optimally. jenna? jenna: one of our big stories today. peter, thank you. jon: a fox news alert about the latest on the deadly train derailment, a little more than 24 hours ago in new york city. four people were killed, dozens of others were injured when a

metro-north commuter train flew off the tracks yesterday morning in the bronx. one woman whose cousin suffered a concussion in that crash described the chaos on board the train. >> she said that while the train was going fast she felt the jerking movement and then, that is when everything happened so quickly and it started to roll. jon: meantime we're also hearing more from investigators what they will be looking at. >> this occurred on a curve. we're eager to know from the event recorders what the speed were going into the curve, what the brakes, braking actions may have been, throttle settings and so forth. jon: our laura ingle is live on the scene in the bronx with more. so what's happening out there right now, laura? >> reporter: hi, jon. well as you mentioned the investigation does continue to roll on but what is happening at the scene, i want to have our cameraman push in and show you of the just behind us we have got heavy equipment in action. those crains that have been brought in and are being used to

do the heavy lifting, getting the toppled railcars off the rocks and ground and get them up right for removal. it is the first step of a very long process cleaning up this accident site. some of the tracks will have to be replaced after the seven-car derailment yesterday left the cars a twisted mess. a national transportation safety board investigator say they plan to conduct interviews today and tomorrow with the engineer and conductor to fill out more details what went terribly wrong. two data recorders or black boxes as we know them have been recovered. one of which was sent to washington for review. investigators are looking to see how fast the train was going. speed is top of mind. how the brakes were applied and the throttle setting. new york governor andrew cuomo says there are other possible factors for a cause. he has been down there looking at the site. he says this wreck will take some time to go through. >> it was actually much worse than it looked. it was truly a horrific situation. from the pictures you see the

trains are tossed about. it looks like a child's train set. that was just strewn about. >> reporter: and we understand the ntsb is expected to hold another news conference today. we are hoping we will hear what they found on some of those black box it is. hopefully we'll have more information on that today, jon? jon: i hear you're learning more about the victims of the crash? >> reporter: yeah, we are. we have got the names of the four victims who lost their lives. remember there was approximately 150 on board. 60 of them injured. 11 of them critically injured. get together victims of those who lost their loves. james lovell a 58-year-old father who was coming into the city to work as a lighting engineer for the rockefeller christmas tree. he did that every year. donna smith a 54-year-old paralegal who was going to city with her sister to catch a performance. and two other victims identified as 59-year-old james ferrari and 35-year-old, anna kisik from queens. i also wanted to share i spoke with one passenger, kel len

mcfarland who was in one of the cars toppled over. he was able to get out of bed and come to the phone. he is badly banged off and lost a lot of skin on his leg. he described glass braking off the windows and scraping metal seemed like it lasted forever. he said he couldn't sleep that night. that sound remained in his head. he took the line often and he felt like the train picked up speed, the turn comes around the harlem river where it meets the hudson river. we talk about the curve and speed. whether or not it was human error. whether or not it was a mechanical failure. that is top priority for investigators here today. we'll pass that along once we get that information, jon. jon: laura ingle, reporting live from the bronx. laura, thank you. jenna: for more information about what investigators may be looking at today, let's turn to a rail safety consultant and former ntsb crash investigator. he is joining us live on the

phone. how much can we learn from the data recorders that have been taken from the scene? >> well, the recorders and there were two taken off. one from the control cab at the rear of the train and one from the locomotive at the head of the train and they will have identical parameters they will record. that includes as you mentioned, speed, braking pressure, another train handling parameters, am percentage and things like that to tell how hard the locomotive pulling, and how hard it was braking and those kind of things. jenna: based on your experience what is your impression about what happened here with this crash? what questions do you have? >> well, after 22 years of accident experience i can tell you that a number of things come to mind. of course the safety board will break down the number of groups, an operations group which will handle, talk about train handling and engineer's actions.

human performance group which talk about fatigue training and maybe toxicology. of course the equipment and they will look at the brakes. the track, because i understand there were some deferred maintenance on the track. signal systems and i understand that the locomotive had a cab signal system telling the engineer what his speed should have been. of course emergency response and injury preve of those areas particularly operations, train handling and equipment braking, and indictly human performance will be probably be the things they will concentrate most on. jenna: what is timeline for really coming to a conclusion or closer to a conclusion about what exactly transpired? >> well, the safety board usually will take five to a week in the field, or on site and do follow-up testing and inspections and examinations. some things you just can't look out when they're out on the

track. they will bring them into the shop where they get a better look at them. once that's done, each of those groups that i mentioned will be headed up by a safety board investigator with participation by parties. that could include labor unions, management of the railroad, sometimes insurers and things like that. they will have expertise they can lend to the investigation. then -- jenna: only, one of the only crashes of its kind in several decade for this particular company and this particular commute. just a final question if i could, russ. as far as passengers, we don't have any control over what the conductor or the driver of a train does. i'm sure our viewers have been on trains before. there aren't normally seatbelts. for our safety sake, is there anything we can do to be safer passengers on a train? >> railcars are probably one of the safest vehicles you could be in in transportation. generally you will never get forces over two gs.

unfortunately when a train tips over like this, the windows which are, can take a 22 long rifle round, will eventually pop out, just from the force and zip strips, the rubber around the windows will come out. that is what happened in this accident. the windows were forced out due to the extreme force of the train on the gravel, the ball last, and that is how folks got injured and people fell out of the train. jenna: you give us important context how rare that is and what we have to look forgoing forward as this story develops. russ, thank you so much for the time today, we appreciate it. >> you bet. jon: i read that same line 10 or 12 types a week. it gets your attention when that happens. another deadly train crash to tell you about this weekend. this happened in southern new mexico on saturday. authorities say three railroad workers were killed when their freight train threw off the tracks and plunged down a

screen. there were no passengers on the train. investigators are expected to release new details what might have caused the crash later today. more political fallout to tell you from the obamacare website deadline. even though the white house says well, it met its goals, is that going to be enough to repair the damage done by the botched rollout? remember that's two months old now. we'll go in depth. plus a new effort to combat underage drinking. what one high school started doing and why it is causing controversy. we're live with that story. [ male announcer ] introducing red lober's seafood bakes.

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>> the announcement today that response rates are under a second, error rates are under 1%, 90% of the time the system's stable. it can handle 50,000 users, 800,000 visits a day, if that's the case, then that's good news. >> you never get a second chance to make a first impression. the first impression here was terrible. and i think it is going to be an unfolding disaster for the president. jon: joining us now, john mccormick, a staff writer at "the weekly standard." john, the president has promised us a website that would work like amazon.com. so is it? >> definitely not. but the standard the president himself set, healthcare.gov isn't working at all. if 90% the time the website isn't crashing and 80% of the users can get through the application process, that simply isn't a success. if only0% of people could actually check out a product on amazon.com and put it in their cart, 20% of the people losing

that wouldn't go through that. amazon.com would fold. it is simply not a success the bigger problem is that the website isn't actually even transmitting the applications to the insurers many cases. so that 80% success rate isn't even the case. that is causing huge problems for the administration. jon: call me a skeptic but who is to say that those 80% or 90% numbers that the white house folks were tossing around this weekend, who is to say those are accurate? >> i haven't seen any independent reports verifying that. given the president's claims that the website would work like amazon.com when it was clearly broken and they knew it that people wouldn't lose their health insurance and millions are losing it, i think definitely it is to be fair to be skeptical about the president's claims and administration claims about the success of the website. we have to wait to verify. don't trust. verify. jon: we have to remember it is just more than the website we're talking about here. it is also the insurance that you're supposed to find at the

end of the website rainbow. peter morici, who is an economist at the university of maryland, economist and economics professor and frequent guest on fox writes this in his online posting today. he said eventually, mr. zeints, who is the guy tasked with fixing the website, will have this monster fulfilling all its functions but likely will be balky frustrating website much like those other websites run by private firms enjoying monopoly power. dealing with tax filing. bureaucrats will have easy access to sensitive personal data which obama administration political moles can use to target, harass and sometimes destroy critics and simply occupy millions hours of citizens time could be used more productively. what do you think about the way professor morici sees it there? >> i think he makes a lot of fair points. the administration always claimed was the only problem was the glitched website, once it is

fixed everyone would be happy. americans in 36 states relying on healthcare.gov, they haven't been able to go on there themselves and see how much are their rates going up? are they going to keep their doctor? millions and millions of americans who haven't been able to see that will find out this month and a lot will not like what they see. there is one study, more than half of people on the individual insurance market right now will not qualify for any subsidies whatsoever. factor in people whose subsidies will not make up for increase in cost, a majority of people will pay more for health insurance and people losing their doctors. jon: jenna reminded me earlier. this is december. we're supposed to be totally signed up for this program by march, right? >> exactly, if you don't sign up by december 23rd you won't have coverage on january 1st. we're looking at real possibility that obamacare will have thrown more people off their insurance that they own privately in the individual market than number of people who actually sign up for obamacare. the president likes to say only a small percentage, 5% of the

country will lose their health insurance because of obamacare. what he doesn't add, only 0.1% of the country has signed up for obamacare so far. i think we could see a possibility where only a couple million people, if that, have signed up by january 1st. jon: john mccormick, from "the weekly standard." john, thank you. >> thank you. jenna: we heard a lot about the politics about obamacare. also how it can affect millions of us but what about the impact on doctors and other health care providers? we'll speak with a health care professional will tell about the effect, unexpected effect of the law on her practice. a helicopter crashing into a crowded pub. coming up a live report on this deadly accident. plus the latest on the cleanup effort ahead.

jon: while much of the focus on obamacare has been on the glitched website and how the law

affects folks signing up for insurance there has been little attention to how doctors and other health care provide remembers affected, especially those who might operate outside of any insurance network. for that perspective i'm joined by karina wu, a physical therapist who always has been an out of network practitioner. help our viewers understand what that means. you set your prices and insurance companies tell you how much they're going to reimburse, right? >> out of network provider is a health care practitioner that does not contract with an insurance company. so we are not capped by a reimbursement rate, like an in-network provider is. jon: if you were to do that, if you were an in-network provider for lots of insurance companies how does that affect your business? >> means we rely more on volume. because your name is listed in, say the cigna website. so the people who have cigna as their insurance are going to find you. but the problem is, the reimbursement level is so low, that you have to rely on volume,

which means i'm going to not be able to give as much quality care because i won't be able to spend as much time with the patient. jon: because it becomes a bit of a mill? you have to get people in and out quickly if you're going to be an in-network provider in your view? >> yes. jon: so you decided to be out of network. what's happened to you under obamacare? >> the big fear is that in the new york health exchange, apparently there is not going to be any out of network coverage for the plans that are available. so, if someone is wanting to come to see me, they're going to have to pay completely out-of-pocket for the services. jon: they don't get any insurance help whatsoever for your services? >> no. jon: that's not fair. >> not fair at all. jon: and have you, has anybody from new york state or from the federal government approached you with this, about this? >> not yet. jon: so what do you do? i mean you're not, you have employees, right? you're not working totally on your own. >> i have employees.

we're trying to give the best quality care that we can. working with the insurance companies with what they will provide when they have out of network benefits. the issue is the fact that obamacare's plans are not going to have out of network coverage according to the new york health exchange. so that's the problem. jon: so every dollar of your fee has to be paid under obamacare, has to be paid by the patient themselves? >> yes. so if they were to buy the insurance plan, they would have to then pay an additional amount for the services. jon: hmmm. let us know how it goes. >> i will. jon: we'll invite you back, to keep updated on your story. karena wu. physical therapist. >> thank you. jenna: a massive cleanup underway following a deadly helicopter crash in scotland. it happened friday night after a police helicopter crashed into a crowded pub killing nine people. today rescue crews began the delicate process trying to remove some of the wreckage. >> the operation has been incredibly difficult. it is one of the most difficult

operations i think of this type in the country because it is actually impacted, the helicopter landed in a building that was fully packed. unfortunately there are casualties underneath the helicopter. the helicopter has been damaged in such a way it couldn't just be lifted. we had to tunnel underneath the helicopter to try obviously find casualties. jenna: amy kellogg is live in london with more on this. amy? >> reporter: jenna, as you can imagine it has been an incredibly wrenching few days for people who had loved ones in that pub. people are missing, unaccounted for, friends and family memberst out. there was loud music, live music and a lot of revelry when this unbelievable tragedy occurred and people frankly didn't even hear it coming over the din of the music. given how unstable the situation was inside that very badly-damaged pub, it was a couple of days best wreckage of the chopper could be lifted. that happened just this morning.

now three additional bodies were driven out in a solemn procession of white, unmarked ambulances as rescue workers stood in an honor guard form pages, also this morning -- formation, shortly after the chopper was removed. of the death to is nine including helicopter crew, including a gulf war veteran, two police officers who received commendations for their work and five patrons so far officially named. agony of people just getting word of the fate of their loved ones. jenna a to politician from glascow put it very blunt at this, the city is hurting. the crew having died brought the information about what happened to the grave with them. there is all sorts of speculation that it might have been a fuel contamination situation or possibly just a catastrophic loss of power. there is no black box because the chopper weighed under 3 tons

but there's a lot of electronic equipment in the engine that investigators will be looking at to try to understand why it just dropped from the sky through the roof of a pub. jenna. jenna: wow what a story. amy, thank you. jon: we are covering the kickoff of cyber monday. coming up the travel websites hoping to get your business and the bargain vacations they're offering. a bit later a scary situation on a plane. dozens told they may have been exposed to tuberculosis on a commercial flight! what they are being told they should do now.

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jenna: now to the economy. shoppers spending 3% less this thanksgiving weekend compared to last year at the same time. that is according to the national retail federation survey. not great news for the retailers but they're certainly hoping to make up some of that ground on cyber monday which of course is today. more than half of americans say they plan to shop online this year. how about this fact as well? americans are expected to spend some $2 billion online today. that is up $500 million from last year. wow. that is a big jump. david hoffman, editor of the "new york post" home and travel section. he had good tips for us about what we should do online this cyber monday. david, quickly though, interesting weekend as far as where folks are spending their money. not as much as last year inside the stores. >> that's correct. it was a big record weekend for online sales. for the first time ever on things gaving day itself, online sales broke the one billion

dollar mark which is a record and for friday, black friday, online sales hit over $2 billion. these are massive increases over last year but folks are saying we're seeing increases online at the expense of brick-and-mortar shops. jenna: it is hard, even from a online shopper perspective, i happen to be one of those online shoppers, you're so saturated with different newsletters and announcements and sales, it is hard to know what is really a good deal and what is really not. how do you figure it out? >> it is very important to be realistic what you will buy. "new york post" did a large round of travel deals. tough ask, are these deals, are these deals that you would be able to take advantage of in a realistic time period? when do they expire? how far away are they? are you going to have to spend x-amount of money more to get there because of the plane travel than you're saving on the hotel deal? jenna: you have to look at the fine print? >> you have to look at the fine print especially for resorts not

all inclusive, the a la carte resorts. you need to ask, cost of food, cost of amenities, cost of resort fees will they eat up the special deals you're getting. jenna: travel wouldn't be on the top of my list looking at black friday, or not black friday but cyber monday deals. you did a huge wrap-up with places around the world where there are good deals. if you have nextability traveling where are some of the best deals out there? >> there are massive deals. we're seeing starwood which has 20 to 40% off 3 or 400 different hotels in hawaii, at their property in kawai. 179. at westin in san francisco they're at 169. there is the westin in panama, outside panama city in central america. those are up to 75% off. jenna: david, do you have to arrive on a tuesday and leave like on saturday? do you have some crazy deals sometimes it is impossible to make them work. >> of course there will be fine print.

you have to look, when you're doing the reservation and make sure that the availability dates are the dates that really work for you. again a lot of these promotions are, most of the city promotions tend to be available in the immediate short term through say february or march. many of the resorts, especially smaller resorts, especially independent resorts are offering special all the way until the end of next year. just, there's a resort in riviera maya, exclusive five-star luxury resort. they're offering 50% off through next year. it is important to look at seasonality issues. traveling to south america and south of the equator, there are opposite seasons. make sure you go at a time when you have good weather. >> don't want a deal in the rain any season. >> exactly. jenna: nice to have you in studio. jon? jon: we're keeping our eye on a the scene of a deadly train derailment. coming up the latest on the investigation as authorities try

to figure out what caused this tragedy. plus they have been randomly testing kids for drugs for years. one illinois high school is using the same aggressive approach to try to get kids to stop drinking. you won't believe the backlash they're getting. 0

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jenna: some international headlines we're following here on "happening now." massive antigovernment protests rocking thailand. the prime minister says she is willing to do anything to end the demonstrations but made it clear she can not accept the opposition's demands to hand over power to unelected council. that is one of the big debates there. protests also turning to violence in the capital of the ukraine with tens of thousands of people taking to the streets to demonstrate against the president there and his decision to suspend a trade pact with the european union. israeli prime minister

benjamin netanyahu meeting with pope francis in the vatican. the pope is making plans to visit the holy land but no date for the trip was announced. jon: it is cyber monday and after shoppers let those fingers make their purchases but goods have to get to the buyers somehow, right? fedex says at that will be the busiest day in the company's history. it is expecting more than 22 million packages to move through the system. joining us from a fedex shipping center in the bronx, new york, jo ling kent from the fox business network. jo? >> reporter: hey, jon. fedex is expecting an 11% up tick in shipments on cyber monday alone. it is the earliest day in december they have ever seen in terms of the busiest day in history. so a lot of records to be broken but also some news. of course, fedex delivers millions of packages and are they concerned about amazon's new drone technology in a statement to fox they tell us, while we can not speculate about

this particular technology but i can say making every customer experience outstand something our priority and anything we do from a technology standpoint will be with that in mind, jon. so, very interesting response there they don't seem terribly concerned right now but, hey, we may see drone technology in the future. a little bit more information on fedex. look at some busy packages we saw this morning a truck heading out. it was thousands of package that is were shipped out this morning across the area. 90,000 trucks have been deployed across the country today including hundreds of trucks from this bronx facility. a staggering number of packages you see, because 131 million cyber monday shoppers will actually make a lot of their purchases off their mobile phones. one in five will actually do that. so if you do the math, the 22 million packages that fedex is processing today on this record-breaking history, historic day, actually, it is about 125 packages per second,

headed out, into the, across the country but 125 packages per second. can you believe that, jon? jon: i can not although i probably have a couple of them in that system somewhere because i like to do my shopping online. >> reporter: same here. jon: pretty quiet behind you. i guess you got out of the sorting center for this live shot, huh? >> reporter: actually what happened, this morning this place was absolutely crazy filled with thousands of packages. all the trucks head out this morning. they will be back this afternoon and to collect more packages and head out this afternoon. a cyclical well-oil machine. jon: like a airport hub and spoke kind of thing. all right. jo ling kent from the fox business network. thank you. jenna: i'm curious to hear what you bought, jon? >> woodworking stuff of course. jenna: of course. a high school in illinois is getting national attention over a controversial new policy requiring students to submit to random alcohol tests. garrett petty with more on this

story. garrett? >> reporter: certainly a step up from health class and pep talks where those may fall short, this school says testing for alcohol never fails. [cheering] keeping drinking a secret from your parents got harder for this high school outside of chicago. this fall the private catholic school began weekly alcohol testing for its students. >> this policy a aimed at helping kids say no. aimed at helping kids who are star starting to get into the habit of using alcohol change. >> reporter: using small hair samples, the simple but extremely accurate test will reveal if the student had anything more than a occasional glass of wine in the past 90 days. a majority of students support the testing. many who don't even drink say it helped. >> if you're at at party, someone offers you alcohol, you can say, i might be alcohol tested and, take so much peer pressure off you.

>> aclu opposes testing and saying invasion of privacy and overreaching by the school. >> we have a mechanism in society which is designed to control and to punish young people if necessary when they use alcohol or drugs. they're called parents. >> maybe in the public school system that's a winning argument but in a catholic school it is really not because if you're a community, if you care for each other, then you work together. >> reporter: this type of alcohol testing is only been around in the u.s. since june. so a lot of other schools all across the country are keeping a close eye on st. vidar and a few others currently using the testing. jenna. jenna: curious what our viewers think about it. i'm sure a lot of different opinions. very interesting story. thank >> reporter: certainly. jon: traveling over thanksgiving weekend can be stressful enough but passengers on one flight were told when they landed they

might have been exposed to tuberculosis. a doctor will join us on what you need to know. guess what folks are buying and doing because of the box office smash hit, "the hunger games?" we'll explain just moments away. >> got to say good-bye.

jenna: a lot of people are hitting the roads this time of year and an interesting story from a flight to phoenix. a health scare. think about it if you were on

this plane and this happened. passengers say they were told to get tested for tuberculosis after a fellow passenger was taken off the plane in a face mask on saturday. us airways only saying the man had a medical condition so we're not sure if he definitely had the disease but this is what passengers were told. tuberculosis is a contagious bacterial infection that can spread through the air. so how can we protect ourselves? let's talk about it with dr. lee vinokur, board certified e.r. physician. doctor, people in lines, planes, everywhere you go is coughing these days. this is the season for that. what do you think it was about this person that alerted medical professionals that they needed to come on the plane and take him off with a mask on? >> well, i believe that in this case they did know about him. it was just it took a while. the cdc and public health officials sometimes can create lists of no-fly individuals and

they create no-fly lists. they send it to border patrol. several years ago there was a gentleman, andrew speaker, who had tuberculosis and was on a no-fly list but slipped past border control. so they do have to do that for public health issues. it's actually more scary when you don't know if someone's been tested or not, and you can't create these lists. you're sitting next to people. we have a global society there are a lot of other contagious diseases that can be spread through the shared air. jenna: same with tuberculosis though. what would be the symptoms even for families to know, that this is something more serious than a common cold? >> right. well, obviously, and it has been going down in the u.s. but there are worldwide other country that is have much higher incidence but in the u.s. it is 11 times more likely are new cases somebody from a foreign-born, either citizen or somebody who

lives here, but tuberculosis is airborne. it can get into your lungs. it can cause bad pneumonia. you could have night sweats, flew-like symptoms. so sometimes it is hard to tell, eventually coughing up blood. there is latent stage. if you have a good healthy immune system. you can get exposed and bacteria can live and sleep dormant in your system. until you're stressed or have an immune issue, sometimes you don't get active tb. jenna: that is interesting. also interesting to note passengers on the plane, say hypothetically according to this story, exposed to someone who potential lip had tuberculosis. they're advised to get a vaccination. even though they have been exposed, why are they being told to go get a vaccination as well? >> you know what? i read that and i think what they really meant to get a tb test. if your tb test changes or even depending how close you are, you're still more at risk if you're in a close family contact with someone that has it.

it depends on, is the person in active stage tb? are they coughing a lot? are you very close to them and what is your immune status? you get a tb test and then afterwards talk to the doctor if you need prophylactic antibiotics. it can be six months to nine months worth of antibiotics. jenna: i had no idea. this tuberculosis vaccination is one fairly common when we're young or used to be. >> the bc gvax seen. but we don't -- jenna: also, doctor, now that it is, you know, been years since we had that, do we need a booster? is there anything we should consider proactively? >> no. we don't really, we haven't been giving it in the united states because we haven't needed it. once you get bcg, you can't test for tuberculosis anymore because a lot of times it is positive. it depend those individuals, how close they were.

how soon they got the mask on. how serious was this man partially treated or this person partially treated or not but they definitely should get tested, talk to their health care provider and we're not doing massive vaccinations. other countries where it is more of an issue they have done that. once you get the vaccine you always test positive for it. you have to get a chest x-ray to determine do you have active tb. it makes it more confusing. jenna: very interesting. i didn't know that about that we'll see what happens with this report. again it is only a report but passengers are telling us what they were told. >> right. jenna: interesting story. dr. vinokur, thank you so much. >> my pleasure. jon: well "the hunger games: catching fire" not only heatings up the box office, coming in number one over the holiday weekend it is also sparking a new interest in archery, especially when it comes to young girls who want to emulate the arrow shooting hero win.

they have seen a big jump in bow and arrow sales since the film series began in 2012. jenna: that is pretty cool. that is what inspired you, didn't it, jon, to go bow hunt ing? jon: i did buy a bow and arrow, bought a bow and several arrows but wasn't from the movie. jenna: i think it is pretty cool kids are getting into that. jon: get them outside. be careful. jenna: not in the backyard. better than videogames. jon: a lot of fun. jenna: the white house is reporting progress on fixing the obamacare website saying it met a self-imposed goal but is that enough to fix the president's approval numbers which took a dive during the rollout? is it too late to turn things around? what does it mean overall for leadership in this country? we'll talk about that. a fiery car crash kills the star of the "fast & furious" films. what police say was a back tore in that deadly accident. we have the "fox 411" next. ♪

jenna: new developments to our top stories and breaking news this hour. jon: investigators at the scene of that deadly commuter train derailment in new york city, pulling a second black box from the wreckage. we'll have the latest on the investigation into the cause of this tragedy. plus the white house says the obamacare website is running better. but plenty of questions remain over security. is the personal information of millions of americans at risk? and a fight turns deadly outside of an nfl game. what led to this and the latest on the police investigation. it's all "happening now." the administration claims it delivered on a promise to fix the obamacare website for most users but is health care.gov

ready for prime time? jenna: hope you're off to a good monday so far. after two months and countless bugs, crashes and glitches, the obama administration says the site where americans are supposed to shop for insurance can now handle up to 50,000 visitors at a time but critics, including some insurers say the fixes don't mean the site gets a clean bill of health. our chief white house correspondent ed henry joins us with more. what problems still remain for the president and his signature law? >> bottom line is the insurance companies are saying it's nice that the website deadline was -- appears to have been met in terms of getting things working more smoothly but the insurance companies believe the real deadline is about 30 days from now beginning of january when, you know, folks who enroll are actually going to be needing to move forward with the insurance and there are still problems with the so-called back end of the website in terms of getting people through the checkout line and connecting them to insurance

companies. so there's still a lot more work to do even though advisers to the white house, outside advise ires are insisting they basically turned the corner. >> i think actually we are going in the right direction and for the first time and most importantly, we have effective management overseeing. we have an integrator that's independent and that seems to be effective as opposed to having c.m.s. run it. >> dr. manuel went on to say that the website is working reasonably well. that seems to suggest they're lowering the bell a little bit when they think what their level of success is. jenna: what are republicans saying about where things stand for obamacare and what's reasonably well for them? >> well, they're saying a number of things. number one, that even if the website gets fixed, republicans still believe there will be a lot of sticker shock for consumers about how much they're actually going to be paying, what their plans are going to look like, et cetera. that debate still rages on

between the administration and republicans but there's also lawmakers who are suggesting that people have been burned in the initial weeks in terms of going to this website and it's going to be hard to convince consumers it's really fixed. take a listen. >> you never get a second chance to make a first impression and the first impression here was terrible. and i think it's going to be an unfolding disaster for the president. there's going to be winners but millions of losers, too. >> administration seems acutely aware of the fact that some people have been so turned off they might not go back to the website now. kathleen sebelius has an op ad today in "usa today" that says point blank in there, don't give up on us. it's basically a plea for folks to come back to the website. jenna: they do. thank you. jon: despite the disasterous rollout of his signature law, former white house adviser says the future is pretty bright for

president obama and despite the hiccups, he can recover. listen. >> it's not just health care. you know, the shutdown affected everybody in conference. let's go to health care working better, a lot of people signing up, economy continuing to strengthen, hopefully no washington shutdowns. i think people's confidence will recover. jon: a recent poll shows the president may have a tough road ahead. only 47% of americans a prove of his job performance. 55% disapprove. in the same poll, a full 50% of americans say president obama knowingly lied when he said if you like your health care plan, you can keep it. joining us for more analysis, bret baier, the anchor for "special report." interesting there in that sound byte from david. he kept referring back to the government shutdown, clearly the administration wants people to remember that. talk about that and not talk

about the obamacare problem. >> yeah, jon. good afternoon. i think you'right. i think david was doing his best to put the best foot forward. the administration is touting this 90% solution for health care.gov as we're talking about today. obviously the website is moving more quickly but not perfectly and there are concerns on the back end of the website but the real concerns about trust when it comes to the president, focus on what he said on the campaign trail, what he said over the past few months about you can keep your plan, period. you can keep your doctor, period. you can get better health care coverage cheaper, all of those things are coming out to be not true for a large percentage of folks around the country and it is unfolding in story after

story so that is where the trust factor comes in. it is not so much this website and its functioning. it is more of what was said and what is now being revealed. jon: and when people find that they have, well, picked a euphanism, that the president has not been truthful with them, they're going to have trouble going back to him and believing whatever else he says about obamacare or really a lot of other policies, aren't they? >> yeah. i mean, it's tough to get trust back. if you're a politician, i think once you've -- people are angry about something, it is tough to turn the page. america is good usually about focussing only for a short time on something bad and then it turns the chapter, if you will, and closes the chapter and moves on. health care, however, has been a story that has evolved and has

continued and there have been many points to it. december 23 is our next stop where there's a deadline to file, to get coverage by january 1. and there are all these questions about the back end data and whether the data that is being put in, even if you get through the process, is actually what the insurers see and that you're really enrolled. so will we see stories where people think they're enrolled for health insurance but they go to the doctor and they're not? i think there are many legs to the story and that's part of the trust issue for this president and this administration. jon: right. to david's assertion that wait a few months and people will find out how great obamacare is and they'll be happy with the president and his poll numbers are going to rise then, that could be a whole lot of wishful thinking because you could find just the opposite, that people are going to their doctors in a month or two or three thinking that they have health insurance and finding out it's not there.

>> yeah. i think congressman cole who is a republican who is not seen as a rhetorical grenade thrower put his finger on it. there will be winners here. there will be success stories. but there will be a lot of losers and there will be loser stories and the question is, if there are a lot of those and a lot of people are dissatisfied, how motivated the angry people are about this issue, about health care and history shows that that's pretty motivating. health care has not been a great story for this administration and it doesn't look like, just looking at the cards, that there's a lot of great stories to come. jon: administration says the site can now handle 50,000 users at a time. apparently our peter tried to log on just a while ago and it appears that traffic is at or near capacity because this is the warning or the -- i guess

you would call it a warning page, the response page he got. i'm sure you'll talk about it tonight on "special report." bret baier is the anchor. thank you. all of the day's political news each and every night on "special report." bret baier will have it at 6:00 p.m. eastern for you tonight. jenna: turning back to another big story for us today, investigators in the national transportation safety board on the scene of the deadly train derailment outside of new york city as we're learning more about the tragic course of events that took place. investigators say they found a second data recorder that may be able to tell them how fast that metro north train was going at the time of the crash. the crash killed four people, injured more than 60 others, some critically. investigators say their probe will focus on speed and also focus on the train's brakes. recovered data boxes are sent to washington for more analysis as we speak. ntsb says the go team is on the scene and will consider human error. the death and the derailment are

the first passenger deaths in an accident in metro north's 31-year history. in the meantime, a new national security concern stemming from the n.s.a. leaks. this coming six months after former n.s.a. worker edward snowden revealed a sweeping program of surveillance on every day americans. intelligence leaders say the leaks have made the united states less safe at a time when terrorists are ramping up their operations worldwide. our chief intelligence correspondent is live from washington with more on this very important story. >> thank you. and good morning. a review of the n.s.a. leaked documents show that the majority deal with sources and methods and u.s. surveillance activities overseas rather than the privacy rights of american citizens. chairman of the house intelligence committee who receives regular briefings and has access to the raw classified data tells fox news there is evidence suggesting edward snowden had help when he scored some 200,000 documents.

>> we know that he did some things capabilitiwise beyond his capabilities meaning he used someone else's help, we believe, to try to steal things from the people of the united states, classified information, information we use to keep people safe. >> general michael hayden said that snow's activities are permanently damaging to u.s. national security. >> well, it's very, very hard. to be very candid with you, this is catastrophic for the safety and the security of the american nation, what this narcissistic young man has done. >> there are question about snowden's stay at a hotel in hong kong and whether he had contact with a foreign national who facilitated his trip to russia. fox news found 37 reports based on n.s.a. leaked documents and of that total, only 25% dealt

directly with phone records or email traffic of american citizens. a national security lawyer who represents whistle blowers now questions whether snowden really meets the definition given most of the documents deal with sources and methods overseas. >> he wanted to expose illegal activity of u.s. government through the domestic surveillance programs but now all the clis -- disclosures we're seeing has nothing to do with that. all they're doing is throwing our intelligence activities, which are lawful and justified, you can argue with them about policy perspectives, but they're throwing these programs into turmoil. >> snowden's position hasn't changed since the interview in june where he said he came forward because he felt the n.s.a. had been los angeles -- misleading the public. jenna: thank you. jon: they are a vital resource for our military families.

commisaries. we'll tell you why they could become a budget cut casualty. and a star of the fast and furious films, paul walker, dies in a car wreck. what police are saying now about their investigation. [ male announcer ] this is george.

the day building a play set begins with a surprisewinge of back pain... and a choice. take up to 4 advil in a day or 2 aleve for all day relief. [ male announcer ] that's handy. ♪ [ male announcer ] that's handy. i dbefore i dosearch any projects on my home. i love my contractor, and i am so thankful to angie's list for bringing us together. find out why more than two million members count on angie's list. angie's list -- reviews you can trust.

and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels.

but we'd really like our truck back, so if you see it, let us know, would you? thanks. what? jon: the pentagon considering budget cuts that could impact active duty members and retirees across our military. budget officials are floating an idea to close all u.s. commisaries. the stores that provide low cost groceries and supplies for card holding troops and veterans because of additional sequester cuts. national security correspondent jennifer griffin has more on

this. >> well, the pentagon has not estimated how much eliminating commissionaries would hit the budget. there are 178 in the u.s., including alaska and hawaii. that's more than three per state. 70 exist overseas. 1.4 billion dollars in subsidies is the amount received by the commissionaries. shoppers save more than 30% on their purchases compared to commercial prices. savings that amount to thousands annually. 30% of the employees at the commisaries are military powses so there will likely be unemployment attached to eliminating this perk and the director of the defense agency says they've already cut their budget by $700 million since 1993. other military services on the chopping block include the pentagon channel which hosts

shows like grill sergeants, a half hour cooking show featuring some of the top chefs as they guide viewers through step by step menu preparation and how to shop there. stars and stripes newspaper may also face cuts along with armed forces radio and television which broadcasts football games and news for service members overseas. their subsidies include 51.6 million dollars for american forces radio and television service, $6.1 for the pentagon channel and $7.8 million for stars and stripes. all of this, some say, a drop in the bucket when you consider what the pentagon is budgeting for fuel for the afghan military alone this year. more than $125 million. and $4 billion it's budgeted to support the afghan military this year alone. but budget hawks say that in the era of costco and sam's club, the commissi commisary may be o

they can't afford. jon: thank you. jenna: police say a man died outside of the stadium during a nationally televised nfl game. what police are saying about the circumstances of his death and three people now in custody. the white house, they say, is ready but is health care.gov safe for you?

jon: police in kansas city saying three people are in custody after a man dies during the game yesterday between the chiefs and the broncos. patti ann browne has more. >> that's right t. happened

outside the football game between the chiefs and the broncos. a man and his son returned to their vehicle in a parking lot of the truman sports complex and discovered a man in their jeep. witnesses say there was a scuffle and the man collapsed on the pavement. the son ran for help and paramedics tried to revi man who was in his 20's but he was declared dead upon arrival at the hospital. the cause of death is not clear. the spokesman says it could have been a heart attack or other health condition not related to the altercation but the death is being investigated as a homicide and three people were taken into custody as persons of interest. officer snapp says they are not suspects and expected to be released later today. detectives got a tip that evidence can be found at a residence in independence, missouri. a search warrant is being obtained right now to search that home. police, meanwhile, still not identifying the man who died.

jon: what a strange story. >> it is strange. not related to fan rivalry at all, they say. jon: thanks. jenna: right now the white house claiming your next visit to the obamacare website will be a better one but serious questions remain about security. two months after the website launched. here is the chairman of the house intelligence committee, republican mike rogers. >> the security of this site and the private information does not meet even the minimal standards of the private sector and that concerns me. i don't care if you're for it, against it, republican or democrat, we should not tolerate the sheer level of incompetence securing this site. jenna: our next guest continues to see problems with the obamacare site. he's cyber terrorism expert, former adviser to the state department's anti-terrorism assistance program and also recently testified before congress about the health care website and security. so you're the one to talk to about this, morgan. when we watched the sunday

shows, one republican did bring up security concerns. the response was, this is about politics. you're making this political. this is a political fight. and let's face it, there are politics involved in the conversation about this website. if we stride to strip that away, though, how safe is the site? >> when we testified in front of congress, the question was asked, and this was all the witnesses, do you think the site is secure? all four said no. they said would you use the site? all four of us said no. computers are about runs and zeros. they don't care what your politics is. right now the site is still not secure. jenna: what makes it vulnerable? >> they still have not done an end to end security test so as they continue to roll out all of this code, this is opening up pando pandora's box of problems. they can't manage what they currently have and because they don't have it all built yet, we're talking about payments and

financial transactions, now a target rich environment for hackers. so until you really strip this down and start over again and build a secure infrastructure, this is not safe to use. one of the memos we introduced in the hearing was a finding by the c.i.o. that said the threat and risk potential is limitless. yet the site is still operating and has eight months to fix the finding. jenna: you're saying the only way to fix this is start over? there's no way to do the necessary repairs to ever make this safe? >> there's an old saying that says it costs $1 to fix it before it's launched. there's no way to fix a plane in flight. we're not politically driven. i don't care what their policies are. when they said what's the best way to do it, you have to rebuild the site. for $600 million, you would think it would be at least secure. jenna: one of the things the viewers have probably heard from a variety different talking points on both sides, willingly

admitting that for sure as fact but one of the things we continue to hear is, you know, even private sector companies like amazon.com, they have problems. google, they have problems, too. is the comparison to the private sector, does it work here? is the site functioning in the same way as a private business or is that comparison not right? >> absolutely. that's flawed. there's accountability in the private sector. if you screw up, you get fired. there's never been a major breach of amazon and never a major breach of google. they built security input because their customers have choices and in this case, there's nowhere else to go. if you don't like your health care, you have nowhere else to go but this site to get it. it's a government mandate. third problem, this was built by the government for consumers. can you imagine what facebook would look like if it's built by the government? it's not designed to work efficiently or effectively and those are the problems they can't overcome. it is not a valid comparison to the private sector. jenna: one of the things you pint out there is that you don't

have a choice as a consumer in some of these situations. you have to go through this portal so if you are one of the individuals out there that has to figure out how to get insurance, so by next year you are insured and you have to go through this, what are you supposed to do? know your information is not protected and go for it? >> i can't tell anyone what to do. what you're facing is either roll the dice, put your information in there and hope it doesn't get taken because it's not secure, turn in a paper base form which is not secure, either. there's no audit and accountability. we've already seen problems in states like vermont and other places which have had problems with printed forms being sent to the wrong people, things like that. they just have to make a decision. until this gets fixed or delayed, they don't have a choice. they have to face the fine or get the insurance. it's a catch 22. they put themselves in a precarious position. jenna: and consumers at the end

of the day on that. always look forward to having you on. thank you. jon: there is suddenly high tension between china and its asian neighbors as well as the u.s. our country sending in b 52 bombers making the case that the world will not let china suddenly assert control over what we see as international air space. but coming up, one expert who says china might actually be looking for a confrontation here. and the supreme court could soon weigh in on a religious freedom fight for a german family that wants asylum here in the u.s. we'll tell you why next.

jon: a devout christian family trying to win asylum in the u.s. could see their case go all the way to the supreme court. germany threatened to take away the couple's kids after they insisted on home schooling. however, the obama administration has pushed to have this family deported and now a new signal from the supreme court that the justices might take up this fight over religious freedom. shannon is live in washington with more on this for us. >> jon, the family was concerned about what their family was learning in school in their native country in germany. some things, they said, directly conflicted with their faith. they decided to home school their children which is against the law in germany. at one point the police showed up and took the children. they fled to the u.s. and apply for asylum.

though they were initially granted permission to stay here in the u.s., obama administration appealed that ruling and won. if the supreme court does not step in, the family will be forced to go back to germany. >> if the administration is going to have a lenient attitude toward illegal i mean grigs, you would think they would have the room to have space in their heart for one german home schooling family but the fact we have room for 12 million but not room for one family tells you there's something amiss about this administration. >> in addition to the ongoing legal fight, supporters of the family started a petition on the white house website. here is part of the white house response. while we can't comment on this particular issue, we know that home schooling can provide young people with the resources and attention they need to succeed academically. administration does not file any response to the family's

petition to the supreme court. at least some of the justices must have been concerned about that because it is administration has now been ordered by the supreme court to respond to that petition and explain why the family should be kicked out of the country. that response is due in a couple of weeks. after that the justices will vote on whether or not to take up this appeal over what religious persecution does or doesn't mean. jon: so that letter from the supreme court to the white house, that's the indication -- i'm sorry, yeah, from the supreme court to the white house sets the indication that they want the case. >> we need your side of the argument and for a lot of folks, they say the justices wouldn't go to that trouble if they weren't seriously considering taking it up. jon: interesting. shannon covering the courts for us. thank you. jenna: new developments in a territorial dispute in asia involving where our passenger airplanes are flying and who we tell about that. recently china announced a new

defense zone that it says it controls over the east china sea. china is now demanding south korea comply with that zone. china has sent the fighter jets to monitor the area and warns it will take defensive action against those who do not comply. this as vice president joe biden arrives in japan for a week of talks. he'll raise the defense zone issue. joining us is the columnist and author of the coming collapse of china. so let's take a big step back. there's a lot of moving parts here. this new zone that china is announcing is a recent announcement. why now? what's up with the timing that china decides to make this stand? >> i think it has a lot to do with what's going on inside the political system in beijing. you have a new chinese leader. he's not consolidated control. most people think he has but i don't think he has and essentially what he's looking to the people's liberation army,

for support. the p.l.a. are nationalistic and i think they're driving policies so therefore, it is very little pushback from the civilians. jenna: so for us, one of the ways this is impacting us is when passenger planes fly around or in this area, china says you need to let us know because this is our territory. so far they've told china they're doing this. japan is angry at us because they're saying we're acknowledging that china is taking over this area that they say is theirs. what are we supposed to do? just fly our passenger planes into an area that china says if you don't comply, watch out? >> our carriers shouldn't fly in the zone without notifying china but the state department advised them to do that, to notify china. but china's rules are overly restrictive and they impinge on the freedom of navigation. what the state department should have done is tell the carriers to avoid the area altogether.

jenna: don't go there. >> don't go there. there's an important reason not to go there because the chinese have engaged in very dangerous flying. when joe biden went to beijing in 2011, he brought pictures with him and he showed chinese planes coming within 10 feet of ours in national air space. this is a decade after the problems in 2001 when a chinese fighter bumped into a navy, unarmed reconnaissance plane and sent our plane into the water. jenna: so you think that china is in some cases, and correct me if i'm wrong, somehow looking for a fight here? >> i think they are taking actions that will inevitably lead to that. i don't think he wants a war because he would rather prevail without fighting but he's doing things that are pushing the region to that. you know, you've got a place where there's historical anamosities going back decades. you have military officers not

tempered by the horror of combat so this is getting crazy dangerous. jenna: now china is sending a message to south korea. you have a message they're sending to japan over the territory. those are our allies but how do we handle this? >> i think what we have to do is a number of things. first of all, the obama administration very correctly sent our military aircraft into china's zone without notifying the chinese. we should continue to do that. when joe biden goes to beijing, he needs to have a stern message, much sterner than the one that the white house reported last wednesday in the briefing for rotters. we're talking the language of cooperation when chinese are doing provocative things so we need to basically say, look. we are the ultimate guarantors in this region. we're not going to tolerate the things you've been doing f. we do tolerate that, this is going to slide into a very horrible situation. jenna: interesting story developing the last several weeks. this is one we'll continue to

watch. thank you for your time today. >> thank you. jon: scary stuff there. keeping an eye on the media when it comes to grading obamacare. what the press might be overlooking when it comes to the administration's fixes to the website. we'll debate that plus on cyber monday, imagine this. getting that order at your door in 30 minutes thanks to a drone. could this fly? we'll talk about it in the near future.

jenna: how the mainstream media treating the obamacare website's big redo. "the washington post" said health website to meet deadline. officials set to announce fixes but even later that day, its authors seemed to back peddle saying that it wasn't immediately apparent whether that meant the site can meet one of the obama administration's internal goals for 80,000 people per hour to be able to register and 320,000 per hour to be able to log in. and added that the overnight tinkering was at least for now, causing a slight increase in error messages on the site. let's talk about it with jim pinkerton, writer for the american conservative may go

zone. the president, administration have assured us that obamacare, the obamacare website, health carry.gov is going to be ready for relaunch by now, by the end of november. how are the media covering the redo? >> and he said that we're seeing, quote, private sector velocity. how does he know that? he went out and reported how the website is doing with real people or did he take the white house's word for it? bloomberg reports that signups quadrupled in november which is interesting but the article also begrudgingly admits that leaves the white house 1/7 of the way of their target goal of 800,000 people. so the media do seem, as tim graham of media research center put it so well, they're stenographers to power, writing down what the white house says and reporting it as news. jon: peter doocy was on the

website in washington trying to get the thing up and running and he got one of those error messages. you know, we're really busy right now. please try to log on another time. >> see how many people are registering for obamacare? isn't that great? media research center never looked obamacare and what bloomberg reported, a fourfold increase was pretty good in november. the media has totally missed the story on the affordable care act and all the things that kicked in prior to november 1 of this year and all the things that have gone on that have benefitted people. all the focus on the website and totally ignoring the fact there are retail outlets in connecticut, phone calls to make and what the website has done. jon: the president told barbara walters on abc that the legacy of what he has done here is that he's extraordinarily proud of it.

is it a little early to be making that proclamation? >> and it may be erroneous, too. it may be mission accomplished moment for them. the website is one issue and it's an important issue and i think alan said it was supposed to be up in democrat is. october 1 is when they announced it. obamacare legislation is what happens with the voters and real people. real people are being hurt. their health care bills are going up. their costs are going up. they're losing coverage. i think it's clear as of now, more people have lost their health insurance because of obamacare that have gained it because of the program. that's hard to call that a good legacy and hard to call that good news for the decembers of 2014 although the media doesn't cover that part of it. they're happy to say the website is going up now. >> 80% who are in company plans, a number of people have done

better and 3 peorias to 5% have done worse. jon: we'll continue to cover the debate. alan colmes, jim pinkerton, thank you both. jenna: new movement in the debate on the use of marijuana. state of colorado is now seeing an influx of families seeking a marijuana based treatment for children suffering from epilepsy so why colorado? federal law prohibits the drug's manufacturer from shipping out of state. here is more. >> hi, jenna. to be clear this is not medical marijuana but this does come from the plant and because of it, folks are picking up their families and moving to colorado. >> i do believe in miracles. yes, i do. >> more than a year ago, heather jackson's 10-year-old son suffered an average 250 epileptic seizures a day. 17 different pharmaceuticals failed to help. >> it feels very good to have been able to steer his course

and it happened to be the right direction. >> his miracle came from inside marijuana plants, from a gren house in central colorado. >> if someone were to try to steal all of this, they could smoke it and smoke it and smoke it and it's not going to get them high. >> it's a specially bred hemp with a strain containing a high level of compound known as cbd. heather started giving this compound to her son in an oil based form twice a day and the seizures stopped. >> he can play, he can engage, he laughs. >> stories spread and so began a migration to colorado of families whose children suffer from severe pediatric epilepsy. marijuana and hemp are legal here but cannot be shipped out of state. >> right now we have a waiting list of greater than 300 people. >> joel stanley is one of six brothers in colorado who breed the c.b.d. strain.

anything derived from the hemp plant is scheduled an illegal drug by the federal government. citizens united for research in epilepsy say they're interested in what they promise but until thoroughly tested urge caution. >> i've seen both ends of the angle and i couldn't tell anybody what they should or should not do. >> now, doctor dixon has a daughter with epilepsy but as a scientist, she said she understands the desperation that parents face but still wouldn't give her hid some until more is known. jenna: what an interesting story. thank you. jon: we're awaiting more information on the train derailment in new york city. four people dead, dozens injured when a commuter train barrelled off the tracks in the bronx. the latest from the national transportation safety board up next hour. and new details in the fiery crash that killed actor paul walker. what l.a. police are saying today about the fast and the

furious star's tragic death. people join angie's list for all kinds of reasons. i go to angie's list to gauge whether or not the projects will be done in a timely fashion and within budget. angie's list members can tell you which provider is the best in town. you'll find reviews on everything from home repair to healthcare. now that we're expecting, i like the fact i can go onto angie's list and look for pediatricians. the service providers that i've found on angie's list actually have blown me away. find out why more than two million members count on angie's list. angie's list -- reviews you can trust.

jenna: time for fox 411 on a steer rocking hollywood. we're hearing from the lapd that killed paul walker, star of the "fast and furious" movies. >> at first police reported speed a factor in the crash and now we're learning there may be more to what led to paul walker's violent death over the weekend. the porsche g.t. in which he was a passenger in most likely crashed as a result of mechanical failure. sources at the auto shop where the car was stored and maintained tells tmz it possibly had a steering fluid leak and saw evidence at the accident scene they describe as a fluid burst and subsequent fluid trail before the skid marks indicating

the driver, did not lose control before crashing into a light pole and tree since the skid mark didn't show signs of swerving. when police arrived, they found the $500,000 car engulfed in flames. walker and rodas had just thrown a fundraising benefit for the philippines and they had just left the event. fans of the star had erected a makeshift memorial near the crash site. terribly iconic ending, iron yik ending to the actor's life who starred in all but one of the action blockbusters. his costar broke down when he visited the crash site, posted on his instagram account, quote, paul is the heart beat of this franchise and we're going to see to it that his energy and presence lives on forever. walker had been on break from shooting the seventh installment. production began in september and while much of the film had

been shot, it's still incomplete. universal pictures has not said what it plans to do with "fast and furious 7". walker is survived by his 15-year-old daughter. jenna: sad story. thank you. jon: we must hydrate himself very well. did you catch this? river of tears on the sidelines getting so much reaction, finally an explanation next.

vo: it's that time of year again. medicare open enrollment.

time to compare plans and costs. you don't have to make changes. buit never hurts to see if u can find bettoverage, save money, or both. and check out the preventive benefits you get after the health care la open enrollment ends december 7th. so now's the time. visit medicare.gov or call 1-800-medicare

being, so you know role men can kroichlt but this? the river of the tors in the national anthem caught on come rabefore denver's big game on kansas city. people wondering if thebronco's running back loved the anthem. he said he is an emotional guy and the tears had come naturally. the broncos beat the foe.

and the second win over the chiefs. and my time is now adopt on the west. >> no, scion. you go. >> thank you for joaning us. >> bill and ally are up next. we start with a fox news alert. we are waiting to hear from the white house for the first time since they hit the deadline for the obama care website to be fixed. >> some vower ares say the site's ills are not cured>> reporter: while the white house declared victory on turning the corner on the website. they say there is back end problems to the site in completing the process through the check out